beta
(영문) 의정부지방법원 고양지원 2015.04.08 2014고단2121

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged of this case, the charge of assault is dismissed.

Reasons

Punishment of the crime

The defendant is Egypt nationality.

At around 14:30 on May 29, 2014, the Defendant entered the same place of business to repair the cargo truck owned by the Defendant, and the Defendant was in dispute with the victim E (the age of 42) working at that place on the ground that he/she took a bath mutually with the victim E (the age of 42). On the ground that he/she took a bath, the Defendant continued to have the body of the victim E and continued to go beyond the floor of the victim’s own E, and continued to go beyond approximately 30 m in hand, which is a dangerous object stored on the said cargo vehicle, and was frightened as the Defendant would be.

In February 26, 2015, see the Amendment of Bill of Indictment. As a result, the Defendant inflicted an injury on the victim, such as dynasium and tensions, which require approximately two weeks of treatment, and threatened the victim by carrying dangerous things.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. A protocol concerning the interrogation of suspects of E;

1. Records of seizure and the list of seizure;

1. A written diagnosis of injury;

1. The photograph of iron pans and knobs;

1. Application of Acts and subordinate statutes to a criminal investigation report (FF monetary report);

1. Article 257 (1) of the Criminal Act applicable to the crime, Article 257 (1) of the same Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Six months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (victim E also appears to be partly responsible such as inducing a crime by making the Defendant a vagabonds with the Defendant, and the said victim also took a pipe. The said victim is not punished against the Defendant, and the Defendant reflects the fact that the Defendant was a vagabonds, the past power relationship, the Defendant’s sex, age, and family relationship (the spouse and the Republic of Korea of the Republic of Korea).